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Policy, Privacy & Terms of Service


Policies

Standards for Exhibited Work (PDF Download...)

Gallery Use Policy (PDF Download...)

Refunds/Returns: Sales, entry fees, registrations, donations and membership fees are final, non-refundable, non-returnable and non-transferable.

Method of Delivery:
Artist registrations are final upon completion; No delivery; Participants receive confirmation by email within 48 hours.

Online Gallery Store merchandise is shipped within 3-5 business days from purchase date; All orders are shipped USPS; Shipping and handling charges for packages sent to US addresses is $5.00 for all orders.

Photographing Artworks:
Artworks exhibited at Pro Arts are covered by Creative Commons license "Attribution, Non-Commercial, No Derivatives". Gallery visitors may take photographs of artworks with the stipulation that images are clearly credited to the creating artist and exhibition at Pro Arts; images may not be used commercially; and may not be changed, remixed, or modified in any way. Exhibited Artists agree to allow Pro Arts to photograph and reproduce images of artworks for publicity and educational purposes.


Privacy

This policy covers how PRO ARTS treats personal information that PRO ARTS collects and receives, including information related to your past use of PRO ARTS products and services. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available.

This policy does not apply to the practices of companies that PRO ARTS does not own or control, or to people that PRO ARTS does not employ or manage.

Information Collection and Use

a. PRO ARTS collects personal information when you register with PRO ARTS, when you use PRO ARTS products or services, and when you visit PRO ARTS pages or the pages of certain PRO ARTS partners.

b. When you register we ask for information such as your name, title, username, password, postal address, email address, phone number, and fax number. Once you register with PRO ARTS and sign in to our services, you are not anonymous to us.

c. PRO ARTS automatically receives and records information on our server logs from your browser, including your IP address, PRO ARTS cookie information, and the page you request.

d. PRO ARTS uses the information for the following general purposes: to customize content you see, fulfill your requests for services, improve our services, contact you, conduct research, and provide anonymous reporting for internal purposes.

Children

Visitors under the age of 18 must obtain permission from their parents or guardians before sending any personally-identifying information

Information Sharing and Disclosure

PRO ARTS does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:

a. We provide the information to trusted partners and members who serve the public interest and work on behalf of or with PRO ARTS under confidentiality agreements. These companies do not have any independent right to share this information.

b. We respond to summons, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;

c. We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of PRO ARTS's terms of use, or as otherwise required by law.

Your Ability to Edit and Delete Your Account Information and Preferences

a. You can edit your PRO ARTS Account Information at any time.

b. Certain communications from PRO ARTS, such as service announcements, administrative messages are considered part of PRO ARTS membership and you may not opt out of receiving them.

c. You can delete your PRO ARTS account by visiting you#re MY PRO ARTS page.

Confidentiality and Security

a. We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.

b. We have physical, electronic, and procedural safeguards that comply with Government regulations to protect personal information about you.

c. Your PRO ARTS Account Information is password-protected.

Changes to this Privacy Policy

PRO ARTS may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your PRO ARTS account or by placing a prominent notice on our site.

Questions and Suggestions

If you have questions or suggestions, please complete a feedback form or you can contact us at: PRO ARTS, 150 Frank H Ogawa Plaza, Oakland, CA 94612 (at Oakland Art Gallery).



Terms of Service

 

1. Acceptance of terms

Welcome to PRO ARTS. PRO ARTS provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.

In addition, when using particular PRO ARTS services, you and PRO ARTS shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time.

All such guidelines or rules are hereby incorporated by reference into the TOS. PRO ARTS also may offer other services from time to time that are governed by different Terms of Services.

2. Description of service

PRO ARTS currently provides users with access to announcements, resources, including, various communications tools, forums, articles, and personalized content through its network of properties (the "Service").

You understand and agree that the service may include certain communications from PRO ARTS, such as service announcements, administrative messages and the PRO ARTS Newsletter, and that these communications are considered part of PRO ARTS membership.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new PRO ARTS properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that PRO ARTS assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. Your registration obligations

In consideration of your use of the Service, you agree to:

a. provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and

b. maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or PRO ARTS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PRO ARTS has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. PRO ARTS privacy policy

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.proartsgallery.org/privacy.

5. Member account, password and security

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.

You agree to

a. immediately notify PRO ARTS of any unauthorized use of your password or account or any other breach of security, and

b. ensure that you exit from your account at the end of each session. PRO ARTS cannot and will not be liable for any loss or damage arising from your failure to comply with Section 5.

6. Member conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not PRO ARTS, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service.

PRO ARTS does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.

Under no circumstances will PRO ARTS be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

a. upload, post, email, transmit or otherwise make available any Contentthat is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. harm minors in any way;

c. impersonate any person or entity, including, but not limited to, an PRO ARTS official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;

h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

k. intentionally or unintentionally violate any applicable local, state, national or international law;

l. "stalk" or otherwise harass another; or

m. collect or store personal data about other users.

You acknowledge that PRO ARTS does not pre-screen Content, but that PRO ARTS and its designees shall have the right (but not the obligation) in their sole discretion to edit, refuse or move any Content that is available via the Service. Without limiting the foregoing, PRO ARTS and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by PRO ARTS or submitted to PRO ARTS, including without limitation information in all other parts of the Service.

You acknowledge and agree that PRO ARTS may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

a. comply with legal process;

b. enforce the TOS;

c. respond to claims that any Content violates the rights of third-parties; or

d. protect the rights, property, or personal safety of PRO ARTS, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve

a. transmissions over various networks; and

b. changes to conform and adapt to technical requirements of connecting networks or devices.

7. Special admonitions for international use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from India or the country in which you reside.

8. Content submitted or made available for inclusion on the service

PRO ARTS does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant PRO ARTS the following world-wide, royalty free and non-exclusive license(s), as applicable:

With respect to Content you submit or make available for inclusion on publicly accessible areas of PRO ARTS Online Galleries or Member Profiles Webpages, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific PRO ARTS Online Gallery or Member Profiles Webpage to which such Content was submitted or made available.

This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or PRO ARTS removes such Content from the Service.

With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than PRO ARTS Online Galleries or Member Profiles Webpages, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available.

This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or PRO ARTS removes such Content from the Service.

With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than PRO ARTS Online Galleries or Member Profiles Webpages, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Service are those areas of the PRO ARTS network of properties that are intended by PRO ARTS to be available to the general public. By way of example, publicly accessible areas of the Service would include PRO ARTS Online Galleries and Artist Webpages, Message Boards and portions of PRO ARTS website that are open to both members and visitors.

9. Indemnity

You agree to indemnify and hold PRO ARTS, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

10. No resale of service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

11. General practices regarding use and storage

You acknowledge that PRO ARTS may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on PRO ARTS's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.

You agree that PRO ARTS has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that PRO ARTS reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that PRO ARTS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

12. Modifications to service

PRO ARTS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that PRO ARTS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. Termination

You agree that PRO ARTS, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if PRO ARTS believes that you have violated or acted inconsistently with the letter or spirit of the TOS. PRO ARTS may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.

You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that PRO ARTS may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that PRO ARTS shall not be liable to you or any third-party for any termination of your access to the Service.

14. Links

The Service may provide, or third parties may provide, links to other World Wide Websites or resources. Because PRO ARTS has no control over such sites and resources, you acknowledge and agree that PRO ARTS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.

You further acknowledge and agree that PRO ARTS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

15. PRO ARTS's proprietary rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

PRO ARTS grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.

You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by PRO ARTS for use in accessing the Service.

16. Disclaimer of warranties

You expressly understand and agree that:

a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. PRO ARTS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

b. PRO ARTS makes no warranty that

1. the service will meet your requirements,

2. the service will be uninterrupted, timely, secure, or error-free,

3. the results that may be obtained from the use of the service will be accurate or reliable,

4. the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and

5. any errors in the software will be corrected.

c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

d. No advice or information, whether oral or written, obtained by you from PRO ARTS or through or from the service shall create any warranty not expressly stated in the TOS.

17. Limitation of liability

You expressly understand and agree that PRO ARTS shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PRO ARTS has been advised of the possibility of such damages), resulting from:

a. the use or the inability to use the service;

b. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;

c. unauthorized access to or alteration of your transmissions or data;

d. statements or conduct of any third party on the service; or

e. any other matter relating to the service.

18. Exclusions and limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 17 and 18 may not apply to you.

19. Notice

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

20. Trademark information

PRO ARTS, the PRO ARTS logo, and other product and service names are trademarks of PRO ARTS Inc. (the "PRO ARTS Marks"). Without PRO ARTS's prior permission, you agree not to display or use in any manner, the PRO ARTS Marks.

21. Copyrights and Copyright Agents

PRO ARTS respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide PRO ARTS the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on the site;

4. your address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Claims of copyright or other intellectual property infringement can be sent to:

By mail: PRO ARTS, 150 Frank H Ogawa Plaza, Oakland, CA, 94612 (at Oakland Art Gallery). By email: info@proartsgallery.org

22. General information

The TOS constitute the entire agreement between you and PRO ARTS and govern your use of the Service, superceding any prior agreements between you and PRO ARTS. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and PRO ARTS shall be governed by the laws of the State of California and the United States applicable to contracts to be wholly performed in California

You and PRO ARTS agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco County, California. The failure of PRO ARTS to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.

If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

23. Violations

Please report any violations of the TOS to PRO ARTS: By mail: PRO ARTS, 150 Frank H Ogawa Plaza, Oakland, CA, 94612 (at Oakland Art Gallery). By email: info@proartsgallery.org